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Dispute Resolution

We assist private clients, investors, company directors, institutions and local or international companies during the pre-litigation and litigation phases of any disputes arising in their own lives or that of their business, field or sector.

Our team members are trained specialists who work together to respond to all our clients’ needs, whether the dispute is subject solely to Monegasque jurisdiction or to multiple jurisdictions in other countries.

Monaco attracts companies seeking to build a local or international business in some of the Principality's high-potential sectors such as finance, industry, logistics or luxury hospitality and tourism. This means that our clients’ assets tend to be dispersed across several countries and/or they have an international clientele, which can generate specific pre-litigation and litigation requirements.

On a regular basis, we:

  • Assist our private clients with matters of private international law and conflict of laws and of jurisdiction in disputes that often involve property and succession issues governed by family law and the law of persons.
  • Assist entrepreneurs and companies with matters such as debt collection, contractual or commercial disputes with businesses that either operate or own assets in Monaco, or with procedures to allow decisions of foreign courts to be executed in Monaco.
  • Assist private clients, investors and institutions with disputes that often arise when buying, selling or owning property, which are among the most common transactions in the Principality of Monaco.
  • Represent Monaco’s banks and financial management companies during pre-litigation and litigation for matters involving contractual or civil liability, proceedings before the Commission de Contrôle des Activités Financières (Financial Activities Supervisory Commission) or criminal proceedings around certain sector-specific issues such as bank secrecy, anti-money laundering, anti-terrorist financing and anti-corruption laws, or criminal restraint of some of their clients’ assets.
  • Act on behalf of companies, investors and institutions in all commercial law disputes involving matters such as shareholder disagreements, directors’ liability, guarantees against hidden liabilities, receivership and insolvency proceedings, individual proceedings before the judge of the Trade and Industry Register (RCI), debt collection and provisional or protective measures in the Principality of Monaco, commercial criminal law or intellectual property disputes, as well as commercial or contractual disputes involving SMEs and large corporations.
  • Represent our private clients in any disputes stemming from countries exchanging information for tax purposes and privacy and data protection rules.
  • Assist companies and institutions with disputes relating to the performance or breach of an employment contract.

Our litigation services involve a number of core activities: risk assessment, crisis management, defining a litigation strategy, amicable dispute resolution, representation in court and before arbitration tribunals and the enforcement of court and arbitration rulings.

Our teams have the technical skills and experience to support you through each step towards a swift settlement - in or out of court - that meets your objectives.


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13/09/2022
UPC Rules of Pro­ced­ure go in­to force with judg­ments to be made pub­lic
The entry in­to force of the Rules of Pro­ced­ure is part of the fi­nal pre­par­a­tions for the United Pat­ent Court (UPC), which is cur­rently ex­pec­ted to start work in early 2023. After the bod­ies of the UPC...
28/07/2022
Eng­lish High Court per­mits ser­vice of court pro­ceed­ings by NFT
For the first time out­side the United States and for only the second time world­wide,[1] a court has al­lowed the ser­vice of pro­ceed­ings via non-fun­gible token (NFT).  The judg­ment of Trow­ers J in the...
21/07/2022
BANK AC­COUNT AT­TACH­MENTS IN MONACO
In Monaco, it is pos­sible for bank ac­counts of private in­di­vidu­als or leg­al en­tit­ies to be frozen, which means all deb­it or cred­it trans­ac­tions from or to this ac­count will be blocked.De­pend­ing on the...
04/07/2022
Sus­tain­able De­vel­op­ment Goals and Re­act­ive Leg­al Lim­it­a­tions Per­vade the...
On 24 June 2022, the 53 Con­tract­ing Parties of the En­ergy Charter Treaty (ECT), a key mul­ti­lat­er­al treaty pro­tect­ing cross-bor­der en­ergy in­vest­ments that was ori­gin­ally con­cluded in 1991, reached a tent­at­ive...
01/07/2022
Re­gina Gri­ciuc pro­moted to Coun­sel
We are de­lighted to an­nounce that Re­gina Gri­ciuc has been pro­moted to Coun­sel with­in our Private Cli­ents team.With over 12 years of ex­per­i­ence, Re­gina suc­cess­fully ad­vises and rep­res­ents high-pro­file...
28/06/2022
Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape
Chan­ging tech, chan­ging risks
24/06/2022
Stock­holm Ar­bit­ra­tion Tribunal Denies Jur­is­dic­tion over In­tra-EU In­vest­ment...
In a ground­break­ing award, dated 16 June 2022, made in Green Power Part­ners K/S and SCE Sol­ar Don Benito APS v The King­dom of Spain, a tribunal con­sti­tuted un­der the Ar­bit­ra­tion Rules of the Ar­bit­ra­tion...
20/06/2022
The United States Su­preme Court Re­stricts Dis­cov­ery for In­ter­na­tion­al Ar­bit­ra­tions
In a land­mark de­cision is­sued on 13 June 2022,[1] the US Su­preme Court (“SCOTUS”), Amer­ica’s highest court, ruled that the scope of Sec­tion 1782 of the United States Code (“U.S.C.”) does not...
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
20/05/2022
Amended IC­SID Rules to enter in­to force on 1 Ju­ly 2022
On 21 March 2022, the Mem­ber States of the In­ter­na­tion­al Centre for Set­tle­ment of In­vest­ment Dis­putes (IC­SID) ad­op­ted a com­pre­hens­ive set of amend­ments to IC­SID ar­bit­ra­tion and con­cili­ation rules (“IC­SID...
08/04/2022
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...
28/03/2022
The rise of ar­bit­ra­tion in post M&A dis­putes
The CMS European M&A Study 2022 provides an in­sight in­to the M&A-mar­ket and the use of ar­bit­ra­tion in resolv­ing dis­putes res­ult­ing from M&A deals. This study cov­ers over 400 shares and as­sets deals across...